Schedules

Schedule 6Detention under section 27

Part 6Extension of detention under section 27

I1I244Extensions of warrants

1

Each of the following—

a

in England and Wales, a Crown Prosecutor,

b

in Scotland, the Lord Advocate or a procurator fiscal,

c

in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,

d

in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may apply for the extension or further extension of the period specified in a warrant of further detention.

2

The person to whom an application under sub-paragraph (1) may be made is a judicial authority.

3

Where the period specified is extended, the warrant must be endorsed with a note stating the new specified period.

4

Subject to sub-paragraph (6), the period by which the specified period is extended or further extended is the period which—

a

begins with the time specified in sub-paragraph (5), and

b

ends with whichever is the earlier of—

i

the end of the period of 7 days beginning with that time, and

ii

the end of the period of 14 days beginning with the time of the arrest of the person to which the warrant relates.

5

The time referred to in sub-paragraph (4)(a) is—

a

in the case of a warrant specifying a period which has not previously been extended under this paragraph, the end of the period specified in the warrant, and

b

in any other case, the end of the period for which the period specified in the warrant was last extended under this paragraph.

6

A judicial authority may extend or further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (4) if—

a

the application for the extension is an application for an extension by a period that is shorter than is so required, or

b

the judicial authority is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.

7

Paragraphs 38(3) and 39 to 42 apply to an application under this paragraph as they apply to an application for a warrant of further detention.

8

A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.

9

Sub-paragraph (8) does not apply to an adjournment under paragraph 41(2).